These terms and conditions apply to all agreements for the provision of courses in addition to the specified terms and conditions provided for the different delivery platforms such as classroom; e-tutored; blended and autonomous courses.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meaning:
- ‘Company’ means WayMaker Digital Limited, registered at 20-22 Wenlock Street, London, N1 7GU. Company registration number RC12017290.
- ‘Terms or T&Cs’ means this General terms and conditions and additional terms and conditions as specified.
- ‘Delegate or you’ means the person attending a training course which has been paid for.
- ‘Agreement’ means this general terms and conditions, the specific terms and condition related to the course booked and other written agreements made for the provision of training courses
- ‘Booking’ means payment has been received by Company and Delegates’ space has been secured for the training course.
- ‘Services’ means the services which are provided by Company.
- ‘Fee’ means the amount payable for courses and excludes VAT payable and other additional charges
- ‘Training course’ means any classroom, e-tutored, blended or autonomous course provided by Company
- ‘Classroom training’ means a type of training where the Instructor delivers the training to Delegates face-to-face in a physical classroom.
- ‘E-tutored course’ means a type of training where the Instructor delivers training to Delegates online (remotely) via a virtual classroom. An internet connection is required to participate in this course.
- ‘Autonomous course’ this is a self learning course where Delegates complete an online course at their own pace within a specified period. Delegates are provided access to the online course environment, materials and activities. An internet connection is required to participate in this course.
- ‘Blended training course’ means a type of training that is delivered under two different platforms – either via classroom and e-tutored training; or classroom and autonomous training. To successfully complete a blended training course, Delegates must complete both training within the limited time specified in the course details.
- ‘Course credits’ Course credits are the Company’s currency. They can be acquired by Delegates when courses are purchased, cancelled or refunded due to unforeseen circumstances which are not covered in the Terms and Conditions. They may also be offered by the Company as a reward for buying courses; for referring a friend or as prizes subject to ongoing offers and promotions. Course credits will be redeemed on the Company website. Please contact us for more details.
- ‘Course materials’ includes but is not limited to online learning materials, hard copies of materials provided during classroom and corporate training, e-books, video or audio recordings, study texts, review exercise, case study, question banks, mock exam materials (where applicable)
- ‘Certificate’ means the document issued by Company to a Delegate after satisfactorily completing a Company training course.
- ‘Certification’ means a test or exam organised by an industry regulator to persons interested in becoming members of that industry.
- ‘Working day’ means days other than a bank holiday, Saturday and Sunday.
- ‘Website’ means https://www.waymakerdigital.com and all sub-directories and sub-domains.
- ‘Website contents’ means all contents available on https://www.waymakerdigital.com and all sub-directories and sub-domains.
A legally binding agreement shall not come into existence until Company has accepted your offer to purchase a course by
- receiving payment for the course in cleared funds from yourself or any third party on your behalf or
- sending you a confirmation email
2. Course Booking
Course fees must be received to secure a booking. Course booking must be made no later than 3 days before the start of a training session or as specified in the course brochure.
Company reserves the right to cancel or modify a booking without prior notice or communication to the Delegate.
All fees quoted on the website exclude VAT which is chargeable at the rate fixed by legislation at the date of supply.
Course fees are deemed paid when the cleared funds are received by us and we send you an email confirming receipt of payment of course fees.
Company reserves the right to modify course fees without prior notice to the Delegate.
Payment of course fees must be made either on the website or by calling our office on 020 7082 5265.
Payment of complete course fees must be received no later than 3 working days before the course start date.
Delegates cannot access, participate or attend training courses until complete payment is received.
Cheque payments are not accepted.
4.1 Late payment
If payment is received later than 3 working days before the start date of a training session, the payment will be considered as made for the next available training session.
If the fees for the next training session is more than the initial payment received, we will request for the complete payment to be made 2 working days before the start date of the next training session.
If the fees for the next training session is less than the initial payment received, we reserve the right to refund the difference.
All communication regarding late payments will be made via your preferred method of communication as indicated on the course booking form.
4.2 Un-cleared payments
When a request for payment is uncleared by the Delegate’s bank, we will notify you immediately. Interest may be charged on uncleared payments 7 days after we notify you at the rate stated in the notice.
5. Course cancellation and refund
Fully or partly paid courses must be cancelled at the latest fourteen (14) days before the course start date by sending a notice of course cancellation via email to email@example.com or via contact page with your full name, course name and order ID.
Refunds for cancellations are handled in the refund section below.
Refunds of paid course fees will be made if notice of cancellation is received via email at the latest fourteen (14) days before the course start date.
Should circumstances arise whereby you need to cancel your course and are unable to transfer your booking to another date at the time of cancellation, the following apply:
- If the cancellation request is received at the latest 14 days before the start of the course, Delegate will receive a full refund of fees. Alternatively, Delegates can request for their funds to be converted into course credits, which they can use towards booking another online/classroom course.
- If the cancellation request is received between 7 days and 13 days before the start of the course, Delegate will receive 75% refund of fees. Alternatively, Delegates may prefer to convert their funds to course credits, in which case, they will be getting the equivalent of a full refund in credits.
- If the cancellation request is received less than 6 days before the start of the course, Delegate will receive a 50% refund of fees. Alternatively, Delegates may prefer to convert their funds to course credits, in which case, they will be getting the equivalent of a full refund in credits.
- If the cancellation request is regarding an autonomous course, there will be no refunds. The Company will use its discretion to issue vouchers in the form of course credits.
- If the cancellation request is regarding blended courses, there will be no refunds. The Company will use its discretion to issue vouchers in the form of course credits.
Cash refunds will be sent using the original method of payment within fourteen (14) working days.
Course credit refunds will be provided in the form of a voucher that is personalised for the Delegate respectively.
Company reserves the right to use its discretion to either issue cash refund; course credits equivalent to the value of the paid course fees, or defer a course; in exceptional circumstances that fall outside the provisions Clause 5.1 and 5.2 above.
Our course fees exclude delivery charges.
Costs of delivery of any requested study materials will be charged separately.
7. Data Protection
Company complies with the data protection Act and processes all personal data in accordance with the provisions of the Act.
We collect our Delegates’ personal data for communication and marketing purposes. Your details will not be passed on to any third party without your permission unless requested by law or a similar authority.
During your use of our website, we gather ‘industry standard’ data which includes: your logged on id, your IP, browser details and other similar information. This industry standard data may be shared in an aggregate manner, for example, to demonstrate how many ‘hits’ we have, location people are accessing the site from, type of browsers in use, parts of the website visited and other similar information.
We will not share information specific to a particular identifiable user unless requested by law or a similar authority or an ISP or network administrator investigating abuse of our website.
8. Courses paid for by employer or third party
Where course fees are paid for by employers or other third parties, you give us consent to share information about your progress and engagement on that course with your employer or the third party, as requested.
9. Copyright and Intellectual Property rights
Course materials and website contents are copyrights of WayMaker Learning Ltd. All rights are reserved. The contents of our website and training materials are made available solely for the benefit of Company’s corporate and individual Delegates.
You may not, modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, distribute, or commercially exploit in any way any of the course materials or website contents except with our express written permission.
You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the online learning contents or website contents or create derivative work similar based on the whole of or any part of the online course materials into any software program.
Any redistribution or reproduction of part or all of the contents of course materials or website contents is prohibited except for use by the Delegate.
10. Force Majeure (Events beyond our control)
We shall not be responsible for any failure or delay in performing our obligations where that failure delay results from any cause that is beyond our reasonable control.
We will inform you as soon as is reasonably possible of this event that is beyond our control.
Our obligations under these Terms and Conditions will be suspended and any time limits that we are bound by will be extended accordingly.
We will inform you when the event beyond our control is over and provide details of any new dates, times or availability of training as necessary.
11. Discounts and offers
All discounts and offers are subject to the terms and conditions applicable to each offer as determined by the Company.
12. Special requirements
If you need any special requirements regarding a course training, you must contact the Company on 020 7082 5265 to inform us before booking or paying for the course.
13. Limitation of Liability
Company’s liability is limited and excluded in the event of fraud or wilful default death or personal injury of Delegates caused by Company’s direct or indirect negligence except where such limitations and exclusions cannot be lawfully applied.
The Company will not be responsible for losses that result from its failure to comply with these terms and conditions and its subsections, including but not limited to, losses that fall into the following categories:
- loss of income or revenue
- loss of business, Delegates, contracts, goodwill
- loss of money or savings
- loss of, damage to or corruption of data
- business interruption
- loss of information
- indirect or consequential loss or damage of any kind whether caused by tort (including negligence), breach of contract or otherwise
Except as otherwise specified in this section Company’s maximum aggregate liability to you for any claims made against Company for direct loss in contract or otherwise arising out of or in connection to these terms and conditions, courses offered and course materials provided and any technical support shall be limited to the amount of fee paid or payable by you or on your behalf.
Company will be not responsible for any delay or failure to comply with its obligations under these terms and conditions if the delay or failure arises from any causes which are beyond Company’s reasonable control.
This does not affect your statutory right.
Company courses are for training purposes only. Company will not accept responsibility to any party for the use of the information provided and the contents of course materials for any purpose other than for training for educational purposes, including and not limited to the giving of advice by you to any third party.
Each paragraph in the terms and conditions are to be read and construed separately and independently of each other.
If one or more paragraphs are not applicable (invalid or void) for any reason, this would not affect the remaining terms and conditions.
If parts of the terms and conditions are deleted, then such terms and conditions would apply with such modification as may be necessary to make it valid and effective.
Breach of one term and condition would not imply a breach of the others. Failure to enforce a breach of one or more terms and conditions shall not be a waiver of them or a waiver of our right to enforce terms and conditions in the future.
Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
16. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by, and construed in accordance with English law.
Any dispute, controversy, proceedings or claim in relation to these Terms and Conditions, shall be subject to the jurisdiction of the courts of England and Wales.
17. Comments and Complaints
If you have any comments or complaints about any product or service provided by Company Ltd including our website, please send us an email at firstname.lastname@example.org
We aim to respond to all complaints within 5-7 working days.
Guidance Notes – Work Experience, Volunteering and Internships
Work experience, volunteering and internships
Internships and work experience schemes have increased hugely in popularity in recent years as employers recognise their value in enabling them to access talent. Similarly, interns find work experience and internships of great value in that they provide an insight into different careers whilst, at the same time, enhancing the intern’s employability and work-related skills. Internships have not been without their critics with concerns being raised about the exploitation of interns on long term unpaid internships and the perception that internships favour the well-connected and socially advantaged.
Work experience (including work shadowing), internships and volunteering are not precisely defined but it is important that employers are aware of their legal obligations towards people working for them on internships, work experience or on a voluntary basis. This new suite of Simply-docs documents has been written to help employers in this regard.
As stated above, the terms ‘work experience’, ‘work shadowing’, ‘internships’ and ‘volunteer’ are not precisely defined but in general terms:
- A volunteer is a person who gives freely of his or her time, skills and experience without expectation of financial reward. Volunteering may be for a limited time in order to complete a particular project or may be on an ongoing basis.
A volunteer is not an employee and will not have a contract of employment with the organisation. In addition, the volunteer is not protected by anti-discrimination legislation and does not have access to employment rights such as the right not to be unfairly dismissed. The organisation will agree a role with the volunteer and there will be an expectation that the volunteer will meet the role’s requirements and that the organisation will provide work for the volunteer. However, the volunteer is free to refuse to fulfil the role and the organisation is not bound to provide the work. In any volunteering agreement, it is advisable for an organization to avoid language that sounds contractual and to avoid making payments that could be construed as wages. Payments to cover expenses should be clearly identified as such. The Guidance Notes and template agreements in our Corporate Folder (under Charities and Non-profit, Volunteer Agreements) deal specifically with volunteers working with a charity.
- An internship or work experience provides direct experience of working in a particular role and is usually undertaken by those who know what type of job they want to do.
Internships can last anything from a few weeks to a year.
An intern or someone who is on work experience and who is under an obligation to undertake work personally for a company is likely to be a worker. This means they will have protection from unlawful discrimination and rights relating to paid annual leave, breaks and maximum working hours under the Working Time Regulations. Workers are also entitled to the National Minimum Wage (NMW).
- Work shadowing is a sub-set of work experience/internships and is an option whereby individuals are able to observe someone in their day-to-day job and discover if that role is right for them.
Work shadowing normally takes place over a few days, but can sometimes extend into a couple of weeks, and is almost always unpaid.
National Minimum Wage issues
Volunteers will only be entitled to the minimum wage if they are workers. Voluntary workers who work for charities, voluntary organisations, associated fundraising bodies and statutory bodies are not entitled to the NMW if they receive no monetary payment other than the reimbursement of expenses actually incurred in the performance of their duties and they receive no benefit in kind other than reasonable subsistence or accommodation.
Interns can expect to be paid the NMW if they are workers. Calling someone a volunteer or unpaid intern will not prevent him or her from being entitled to the NMW if they are actually a worker. Work shadowing does not involve any work being performed and so there is no entitlement to NMW.
Certain work experience placements are specifically excluded from the NMW. These are work experience placements not exceeding one year undertaken by students as part of a UK-based higher education or further education course. Similarly students of compulsory school age who are undertaking work experience are not eligible for NMW.
WORK SHADOWING CONFIDENTIALITY STATEMENT
I understand that, in the course of my work shadowing with WayMaker Digital, I may have access to confidential information.
I agree that I will at all times, during my internship and afterwards, and except where such information is in the public domain:
- maintain the strictest secrecy in respect of the business affairs of the organisation and its clients;
- refrain from revealing or using confidential information regarding systems and programme design, and data for personal gain;
- use computer equipment and access the internet only when authorised to do so and only for official employer business. I understand that unauthorised usage could result in damage to the equipment and loss of stored data.
I undertake to familiarise myself with the data protection procedures set down by the organisation as a result of the UK General Data Protection Regulation and understand that the organisation is obliged as a consequence to view any breach of these procedures as a serious matter.
I understand that any breach of this agreement could result in the organisation’s sensitive and confidential data being disclosed to competitors or other interested parties.